Chapter VII: Interest for late payment

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Article 440 bis

French Customs CodeIn force

Updated 8 Nov 2023

I. - Any tax, duty or charge provided for in this Code that has not been paid within the legal time limit shall give rise to the payment of interest on arrears.

Interest for late payment applies from the first day of the month following the month in which the tax was due until the last day of the month in which payment was made. The rate is 0.20% per month.

Interest for late payment is not due when the increases provided for in 1 of article 224, 9 of article 266 quinquies C and 3 of article 284 quater apply.

II.In the event that the taxpayer voluntarily rectifies any errors, inaccuracies, omissions or shortcomings in the tax returns submitted within the deadline, before the expiry of the period allowed for the administration to exercise its right of recovery and before any audit by the administration, the amount due in respect of the late payment interest referred to in I of this article is reduced by 50%.

If the taxpayer requests such regularisation while an audit by the tax authorities is in progress, either before notification of the information or proposal for taxation referred to in Articles 67 B and 67 D, or after such notification, this amount is reduced by 30%. In the latter case, the taxpayer has thirty days from the date of notification to request regularisation.

The reductions mentioned in this II may only be applied if the regularisation:

1° Does not concern an offence committed exclusively in good faith;

2° Is accompanied by payment in full of the duties, taxes and interest due, either immediately or under a payment plan agreed by the customs accounting officer. (1)

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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